MINUTES –November 13, 2008 -- UNOFFICIAL UNTIL APPROVED
Chairman Betsey Harding called the regular meeting of the Jackson Planning Board to order at 7:05 p.m.
Board Secretary Susan Way read the roll call. Members present were Raymond Abbott, Scott Badger, Betsey Harding, Sarah Kimball, David Mason, David Treadwell and David Urey. Alternates present were Heidi Chauvin and Michael Mallett. Others attending the meeting were Sarah Clemons, Beatrice Davis, Bob Davis, Frank Benesh, Martha Benesh, Shawn Bergeron, Dean Davis, Nancy Davis, George Howard, and Gino Funicella.
The minutes of the October 2nd and 9th meetings were reviewed. David Mason made a motion to accept the minutes as written, Dave Urey seconded the motion and all voted favorably.
ITEMS NOT INCLUDED IN THE AGENDA:
Ray Abbott stated his concern with the Planning Board’s role, building permits, and inspections, which risk invasion of privacy in order to enforce State regulations. Scott Badger checked with a representative at the State Fire Marshall’s office and Christine Fillmore at the Local Government Center about the town’s obligation and liability on enforcing State regulations. David Mason feels that the town has all the necessary enforcement mechanisms. Because of the lengthy discussion about these issues and the presence of attendees on the matter of the Public Hearings, the agenda was modified to postpone the proposals for Voluntary Mergers to the end of the meeting. Betsey Harding announced that the Public Hearings were noticed in the November 1st edition of the Conway Daily Sun.
PUBLIC HEARING: REVIEW OF RECOMMENDED CHANGES TO ZONING ORDINANCE
Review began with proposed Section 15: Chairman Harding stated that there have been multiple e-mails regarding these proposed changes; a copy of them will be attached to the official copy of these minutes.
A revised section 15.2.1 has been offered, referred to here as page 3. This revision resulted from the emails which primarily concerned ways for the Zoning Ordinance language to draw attention to the need to comply with state building and fire codes. David Urey clarified that a previous draft was inconsistent with the International Building Code.
Mike Mallett questioned what needs a building permit according to the code, indicating that there doesn’t seem to be a clearly defined list delineating repairs and rebuilding. Shawn Bergeron answered that if, for example, a window is being replaced and it is not a means of egress then a permit is not necessary; if that window is a means of egress than a permit would be required. Dave Mason asked if anyone had suggestions on rewording the article. David Mason made a motion that Mike Mallett and Shawn Bergeron collaborate on a list of repair items that would not need a permit and get back to the Board by the next meeting. David Urey seconded the motion and all voted favorably.
Frank Benesh had a question on the appeal process if a permit is denied. Because the approval or denial for a Building Permit would come from the Board of Selectmen or its designate, the ZBA would be the group to hear appeals.
Section 3: Definitions—add “Land Development” definition
The Board agreed with the change to removed Building Development for compatibility with Subdivision Regulations and add the Land Development section as recommended.
Steep Slopes
David Mason reported that the committee that developed this proposal had originally focused on development along Route 16, and tried to have the proposal ready for last year’s town meeting. The committee evolved from one started as the Village District Committee; they believed that one threat to the lands abutting Route 16 was the steep slopes and their possible erosion into the Ellis River. However, this group concluded that the topography of Jackson is such that the entire town needed to be included in a steep slope ordinance and not just one district.
Martha Benesh pointed out that there is a new RSA regarding Shoreland Protection and that this should be checked out to ensure compliance, and avoid redundancy. George Howard asked about the purpose, believing that the proposal relies on aesthetics. Dave Mason stated that he believes aesthetics are a consideration in the Steep Slopes ordinance proposal. Betsey Harding disagreed, indicating that the proposal aims to require provision of measurable data useful to an effort to control or prevent erosion.
Section X.4.2 Mike Mallett questioned the square footage and percentage of slope. He would prefer use of 25% and 10,000 SF, instead of 20% and 7,500 SF. Betsey Harding asked the Board for individual opinions. After considerable discussion, all the Board members agreed with these changes. Betsey will change the wording to reflect these changes; the same changes will be made at X.4.3.
Section X.5.1.4 Sarah Kimball asked if the “no more than 15 feet” is written to be either up or down or both, a total of 15 feet altogether or a possible total of 30 feet. Dave Mason will check with Burr Phillips on this. Betsey Harding asked if there were any other questions or concerns. There were none. David Mason asked if another public hearing would have to be held; Board members agreed that the changes were minor and did not need another hearing. A final version will be prepared and voted on at the Regular Meeting on December 11th.
PUBLIC HEARING: PROPOSED REVISIONS TO LAND SUBDIVISON REGULATIONS
David Mason questioned the procedure for these, given the fact that the Board had already decided on necessary changes. Betsey reported that a public hearing had to be held, and now the Board could vote on the changes. David Mason made a motion to accept the changes to the Land Subdivision Regulations as suggested. Ray Abbott seconded the motion and all voted favorably.
REVIEW OF APPLICATIONS FOR VOLUNTARY MERGERS
Owner & Lots: Charles & Jayne Bizier, V-10, Lots 110 and 112. David Mason made a motion to accept this application. Ray Abbott seconded the motion and all voted favorably.
Owner & Lots: Edward & Maureen Venti; V-10 Lots 230 and 227 and V-10 Lots 231 and 232.
David Urey made a motion to accept these applications; David Mason seconded the motion and all voted favorably.
Owner & Lots: Ian and Lisa Gamble, R-18, Lots 11A and 12. There appear to be existing buildings on both lots. Board members felt that additional information was needed prior to a decision; the matter will be taken up again at the December meeting.
Dave Urey moved to adjourn the meeting; Scott Badger seconded the motion. The meeting was adjourned at 9:30 PM.
Respectfully submitted,
Susan G, Way
Recording Secretary
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